Posted on 05/09/2012 1:34:50 PM PDT by little jeremiah
In a controversial decision that is already sparking debate around the country, the New York Court of Appeals ruled on Tuesday that viewing child pornography online is not a crime.
"The purposeful viewing of child pornography on the internet is now legal in New York," Senior Judge Carmen Beauchamp Ciparick wrote in a majority decision for the court.
The decision came after Marist College professor James D. Kent was sentenced to prison in August 2009 after more than 100 images of child pornography were found on his computer's cache.
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(Excerpt) Read more at news.yahoo.com ...
The court never said the law can’t be fixed.
This is the thin razor edge that brings in tyranny. Surely we can have a law which neither embraces indecency NOR tyranny.
My cousin and I are writing an amendment to the statute right now.
Hang that judge!
Child predators will now go wild.
Things are not illegal unless a law makes them illegal. Probably the state will fix the statute. I’ve never seen child pornography, but I’ve been on sites where others were cursing someone out for posting an (already removed) picture which they felt was child porn. These were not sex sites. I’d hate to go to jail for inadvertently viewing something. However, it sounds like NY is saying you can deliberately view this stuff on line. I bet they change the statute very quickly.
Why did the legislature wait until the court had said yes this is too cloudy, to make the statute clearer anyhow? I put equal blame on them for the wait and see.
That is excellent news. Please keep me informed.
Child pornography is NOT “indecency”. It is also rape.
Libertarians will be happy, yay, free sex and drugs
Why did the legislature wait until the court had said yes this is too cloudy, to make the statute clearer anyhow? I put equal blame on them for the wait and see.
Excellent point.
They better fix it toot sweet.
I meant it was not “merely” indecency. That’s like calling torture “assault”.
Yes, the creation of genuine child porn is a kind of rape... and so what? The normal due process of law applies to rape laws too, whether or not you like it. If you would swallow tyranny here that is the edge of a wedge.
Just fix the silly statute and be done.
At this point laws against child rape mean very little. The justice system is so rotten that I don’t see how it can get fixed without breaking first. And not just the justice system.
It’s not a “kind” of rape. It’s outright rape.
It’s battery too, and so what.
This would be like a law covering the use of pictures of torture. As a knuckle dragging conservative I want everything to be legally in order. I do not want Calvinball in the courts.
That doesn't sound like "passive" viewing to me.
So you want due process to be broken for the sake of an axe which you feel is worth grinding more than any other axe?
And most Republican "leaders," including the likely GOP nominee, also believe, along with this judge, that courts make laws.
An idea that is the destruction of constitutional republican self-government, of course.
I have no idea. I no longer live in NY but my cousin, who does, brought this to my attention earlier today. We've been discussing it all afternoon and I told her she needed to take advantage of my 20 years experience writing legislation. I'm writing the draft, she's working on a sponsor.
I put equal blame on them for the wait and see.
I agree.
And so mutandis mutando, all I said still applies.
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